IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN No. _______ OF 2017.

IN THE MATTER OF :-

______________                                  : PETITIONER

VERSUS

______________                          : RESPONDENTS

                                                        F.I.R.No.______________

                                                                  U/S.: 452/323/34 IPC

                                                        P.S.: ______________

I N D E X

DELHI                                                       PETITIONER

                        THROUGH

DATED

(______________

ADVOCATES     

Ch. No.______________,

Tis Hazari Courts, Delhi-110054.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN No. _______ OF 2017.

IN THE MATTER OF :-

______________                                  : PETITIONER

VERSUS

______________                          : RESPONDENTS

                                                        F.I.R.No.______________

                                                                  U/S.: 452/323/34 IPC

                                                        P.S.: ______________

URGENT APPLICATION.

TO,

THE HON’BLE JOINT REGISTRAR,

HON’BLE HIGH COURT OF DELHI,

NEW DELHI.

SIR,

WOULD YOU KINDLY TREAT THE ACCOMPANYING PETITION AS URGENT ONE AS PER THE HIGH OURT RULES AND REGULATIONS.THE GROUND OF URGENCY AS :-

Cancel the bail granted to respondent No.2 & 3 by this Hon’ble Court in Bail Application No.______________ vide order dated _________ in FIR No.______________ P.S. D.B. Gupta Road, U/s 452/323/34 of IPC,  in the interest of justice. 

DELHI                                                      PETITIONER

THROUGH

DATED:      

(______________

ADVOCATES  

Ch. No.______________,

Tis Hazari Courts, Delhi-110054.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN No. _______ OF 2017.

IN THE MATTER OF :-

______________                                  : PETITIONER

VERSUS

______________                          : RESPONDENTS

                                                        F.I.R.No.______________

                                                                  U/S.: 452/323/34 IPC

                                                        P.S.: ______________

MEMO OF PARTIES

____________________                         : PETITIONER

VERSUS

1.___________                           : RESPONDENTS

-------------------------------------------------------------------------

DELHI                                                     PETITIONER

THROUGH

DATED

(______________

ADVOCATES  

Ch. No.______________,

Tis Hazari Courts, Delhi-110054.

State Vs. Sumit Aneja & Anr.

FIR No. ______________

P.S.: ______________

U.S.: 452/323/34 IPC

Pending in the Ld. Trial Court of Sh. …………; Ld. M.M., Tis Hazari Courts, Delhi.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN No. _______ OF 2017.

IN THE MATTER OF :-

_____________                                   : PETITIONER

VERSUS

_____________                           : RESPONDENTS                                                     F.I.R.No.______________

                                                                  U/S.: 452/323/34 IPC

                                                        P.S.: ______________

PETITION FOR ON BEHALF OF PETITIONER UNDER SECTION 439(2) READ WITH SECTION 482 CR.P.C SEEKING CANCELLATION OF BAIL OF THE RESPONDENT NO.2 & 3 / ACCUSEDS NAMELY SUMIT ANEJA AND KAMNA ANEJA WHO HAVE BEEN GRANTED BAIL BY THIS HON’BLE COURT IN BAIL APPLICATION NO.______________ VIDE ORDER DATED ________

MOST RESPECTFULLY SHOWETH :-

1.          That the present petition has been filed by the Petitioner seeking cancellation of bail of the respondent no.2 & 3 which has been granted by this Hon’ble Court in Bail Application No.______________ in FIR No.______________ P.S. D.B. __________ U/s 452/323/34 of IPC, vide order dated ______________.

2.          The grounds upon which cancellation of bail is sought for which requires consideration in the Present Petition ;-

a.           Whether this Hon’ble Court scrutinized the testimony of witnesses at the stage of hearing of bail application?

b.          Whether the Court while granting bail to the Respondents No.2 and 3 in the present case under Section 323 of Indian Penal Code should have indicated why the bail is being granted?

c.           This Hon’ble Court imposed a condition while granting the bail to the accused persons that they will not shall not visit the residential premises of parents / complainants (petitioner herein) and they also threatened the petitioner for dire consequences if she not withdraw the present FIR.

3.          That the brief facts for moving the present petition are as :-

A.     That the petitioner residing at the address as mentioned above and the respondent no.1 is the son of petitioner and respondent no.2 is the wife of respondent no.1 and they have residing separately from the petitioner due to family disputes which are also pending the Courts below.

B.     That on _________ at around _____ p.m. the Respondents along with some persons forcibly entered into the house of the petitioner and they also using filthy language and abused the petitioner on telephone before coming to her house and then they start beaten the petitioner and snatched the Gold Chain of the petitioner and ran away with abusing the petitioner filthy language and told no one stopped them and they come again and they have no fear of police and law.

C.     Thereafter the petitioner called on ___ number and police was reached at the spot and present FIR has been registered against them. It is submitted that the petitioner and her husband was debarred the respondent no.2 and 3 from their movable and immovable properties.

D.     That the families are in not talking terms what to say of visiting each other. The civil dispute with regard to probate of the Will is pending jurisdiction before the Court of Ms. Sujata Kohli, Ld. ADJ, Delhi.

E.     After filling of the charge sheet, Ld. Trial Court pleased to frame charge against the Respondents No.2 and 3 under Section 452/323/34 IPC.

F.     It is submitted that Respondent No.2 and 3 was granted bail when the aforesaid FIR was registered under Section 452/323/34 of Indian Penal Code, by this Hon’ble Court vide order dated ______________.

4.     That this Hon’ble Court vide order dated ______________ pleased to grant bail to the Respondents No.2 and 3 which is being challenged in the present petition on following grounds: -

GROUNDS: -

A.          That the petitioner has filed probate case for the probate of the Will executed by her husband. The respondent no.2 had filed objections to the probate case and even has gone to the extent of leveling wild allegation of murdering husband of the petitioner.

B.          That the respondent no.2 had written objectionable remark on the facebook for the petitioner and her husband and has gone to extent of saying that “_________

C.          For that another FIR was lodged by made servant of the petitioner bearing No._______ under Section 354/506/427 of IPC police Station DB Gupta Road wherein the respondent no.2 indulged in Molestation of maid servant.

D.         Because the relationship of the respondent no.2 and 3 with the petitioner had been strained since the year 2010 during the life of Sh. ______ and a number of complaints and FIR were lodged against the respondent no.2 and 3.

E.          For that the Respondents that the Hon’ble Supreme Court in 2011 (6) SCC 189 “PrakashKadam Vs. Ram Prasad Vishwanath & Anr.” held that “in considering the question whether to cancel the bail given to an accused, the Court has to consider the gravity and nature of the offence and in case there are very serious allegations against the accused the bail can be cancelled even if the accused had not misused the liberty of bail granted to him”.

F.          For that the respondent no.2 and 3 are violating the terms of the bail granted by this Hon’ble Court vide order dated ______________.

G.         For that the respondents no.2 and 3 threatened the complainant / petitioner with dire consequences if she will not withdraw the present FIR lodged against the respondent no.2 and 3.

H.         For that the respondent no.2 and 3 visited the house of the petitioner / complainant and threatened her.

I.            For that Ld. Trial Court should not have ignored the testimony of the eye witnesses who have given the ocular evidence qua the incident.

J.           For that expert evidence has two aspects, the data evidence and the opinion evidence. While it is undoubtedly true that data evidence cannot be rejected if it is inconsistent to oral evidence, yet, so far as opinion evidence is concerned, it is only an inference drawn from the data and that evidence would not get precedence over the direct eye-witness testimony unless of course the inconsistency between the two is so great as to obviously falsify the oral evidence, further the value of medical evidence is only corroborative.

K.          For that Court has not to scrutinize the testimony of the witnesses at the stage of hearing of bail application.

L.            The Court while granting bail in the serious offences reasons ought to be indicated as to why bail is being granted otherwise it would suffer for the complainant.

M.         The Court while granting bail to the Respondents that they are in a position to influence any witness in this case and to thwart the course of justice.

N.          That Court while granting bail to the Respondents is totally bad in law and is detrimental for the aforesaid case and will thwart the course of justice in the aforesaid case.

O.         That Court while granting bail to the Respondents vide order dated ______________ granting bail to Respondents, without considering the aforesaid material facts and without considering the gravity of the offence is totally erroneous and contrary to the law and guidelines, as settled by the Hon’ble Supreme Court of India as well as the Hon’ble High Court of Delhi.

P.          Because the Court failed to appreciate that relevant material rather considered irrelevant material while granting bail. 

Q.         That Ld. Court failed to appreciate while granting bail to the Respondents that the Hon’ble Supreme Court in SLP (Crl.) No.________, title “-----------------” vide its order dated ____________ canceling the bail application of the accused observed as under :

“The challenge in this appeal is to the order dated ___________ passed by the High Court granting bail to the respondent-accused subject to her furnishing personal bond in the sum of Rs________/- with one surety of the like amount to the satisfaction of the Trial Court.

The respondent along with others is an accused under Section 420 read with 120-B IPC. The amount involved in this case is Rs._______/-. We have gone through the impugned order passed by the High Court and no reason has been assigned in the order as to why the bail should be granted in such a serious nature of offence.

It is settled law that while granting bail in non-bailable offence the primary consideration is the gravity and the nature of the offence. It appears that the High Court has not at all considered the gravity and the nature of the offence while granting bail to the respondent-accused:”

5.     In view of the aforesaid facts and law, the Court while granting bail to the Respondents vide order dated ______________ neither considered the undisputed facts available on record, nor considered the gravity of the offence, nor considered the conduct of the accused, as such, the impugned order bad in law is liable to be set aside.

6.     No similar petition has been filed by the petitioner / complainant for cancellation of bail before any other Court and before this Hon’ble Court or Hon’ble Supreme Court of India.

P R A Y E R

It is therefore, respectfully prayed that this Hon'ble Court may kindly be pleased to ;-

a.     Set aside the order dated ______________ passed by this Hon’ble Court in Bail Application No.______________ in FIR No.______________ P.S. D.B. Gupta Road, Delhi U/s 452/323/34 of IPC.

b.     Cancel the bail granted to respondent no.2 & 3 by this Hon’ble Court vide order dated ______________ and be taken into custody in the aforesaid case, in the interest of justice. 

c.     Pass such further order or orders as this Hon'ble Court may deem fit and proper, in the interest of justice.

DELHI                                                     PETITIONER

THROUGH

DATED

(______________

ADVOCATES  

Ch. No.______________,

Tis Hazari Courts, Delhi-110054.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APPLICATION NO. _____ OF 2017.

IN

CRL. MISC. MAIN No. _______ OF 2017.

IN THE MATTER OF :-

______________                                  : PETITIONER

VERSUS

______________                          : RESPONDENTS

AFFIDAVIT

Affidavit of _________, aged about ___ years, W/o Late Sh. ________ R/o -_______, ________, -_____________, New Delhi-110005, do hereby solemnly affirm and declare as under :-

1.     That I am Petitioner / Complainant in the above noted case and as such in that capacity am well conversant with the facts and circumstances of the case and competent to depose hereunder.

2.     That the Applicant has gone through the averments made in the accompanying application under section 482 of Cr.P.C. has been seeking exemption to file certified copies and submits that this application had been drafted by my counsel on my instructions and facts as briefed by me.

        DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of ___, 2017 that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN No. _______ OF 2017.

IN THE MATTER OF :-

______________                                  : PETITIONER

VERSUS

______________                          : RESPONDENTS

AFFIDAVIT

Affidavit of Mrs. -_________, aged about ___ years, W/o Late Sh. ________ R/o _______, _________, Opposite Liberty Cinema, New Delhi-110005, do hereby solemnly affirm and declare as under :-

1.     That I am Petitioner / Complainant in the above noted case and as such in that capacity am well conversant with the facts and circumstances of the case and competent to depose hereunder.

2.     That the contents of the said accompanying petition under Section 439(2) r/w Section 482 of Cr.P.C. has been drafted by my counsel as per my instructions and the contents of the same have been duly read over and understood by my vernacular language and after fully understanding the contents of the therein are all true and correct to my knowledge.

        DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of September, ____ that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APPLICATION NO. _____ OF 2017.

IN

CRL. MISC. MAIN No. _______ OF 2017.

IN THE MATTER OF :-

______________                                  : PETITIONER

VERSUS

______________                          : RESPONDENTS

                                                        F.I.R.No.______________

                                                                  U/S.: 452/323/34 IPC

                                                        P.S.: ______________

APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE CODE FOR EXEMPTION FROM FILLING CERTIFIED COPIES OF THE ANNEXURES.

MOST RESPECTFULLY SHOWETH ;-

1.          That the Petitioner has filed Annexurres along with the main petition in order to support the petition and the Annexxures filed is the true, correct and compared copies of the original.

2.          That the Petitioner shall apply for obtaining the certified copies of the Annexxures and undertakes to file the same as soon as the same is made available by copying agency concerned.

It is most respectfully prayed that the Petitioner may kindly be exempted from filling the certified copies of the Annexxures.

DELHI                                                      PETITIONER

THROUGH

DATED:      

(______________

    ADVOCATES      

Ch. No. ______________s,

TisHazari, Courts Delhi-110054.